Bideford Town Council calls for measures to tackle the decline of the Port of Bideford and dumping of abandoned wrecks in the river by creating a Trust Port in the rivers Torridge and Taw.
Bideford Town Council unanimously resolved in Full Council to support the creation of a Trust Port for the Torridge and Taw rivers.
The proposal is to create a Trust Port alongside local government reform as Torridge District Council and Devon County Council who currently have powers to regulate the rivers will be abolished in May 2028. The proposal is to extend the current small Bideford Harbour to cover in Barnstaple, Fremington, Yelland, and Appledore.
The Torridge and Taw are the only unregulated rivers in the UK. The Trust Port will be a non-profit making organisation with a controlling body made up of local people to create jobs, promote shipping, control mooring, leisure boating activity including speeds in rivers, dredging, monitor water quality, protect the river environment and above all stop dumping of abandoned boats in the River Torridge.
The most likely change in local government is that Torridge District Council will merge with four other District Councils, including Exeter and North Devon and disappear. The Council feels that an Exeter based unitary authority will not see the Torridge and Taw ports as a priority. Torridge District and North Devon Councils have had their chance to take up this challenge but not done so in the past. The Torridge and Taw Trust Port will be a new beginning, reverse the decline in the port in an area built on shipping. There are currently over a 100 Trust Ports in the UK and the Council take the view the time to take advantage of this new opportunity is now.
The report attached was approved by the Bideford Town Council (supported by four Bideford Torridge District Councillors and one Devon County Councillor.) It contains the motion proposed by Ken Hind and seconded by the Mayor of Bideford Peter Lawrence. We are calling on local MPs District, Parish and Town Councils around the rivers, the Torridge and Taw Maritime Forum, Torridge Heritage Group, Harbour Users, ship builders and local businesses to support this proposal.
Torridge and Taw Trust Port
Local Government Reform
1. This report is prepared to explain the reasons behind supporting the establishment of a Torridge and Taw Trust Port as part of the Local Government Reorganisation hereinafter referred to as LGR. The lack of marine regulation has seen economic decline and dumping of abandoned boats in the Torridge. This proposal is intended to address both problems. The most favoured proposal by Devon Councils for local government reorganisation is the 451 proposal in which Torridge and North Devon are amalgamated with Exeter, East Devon and Mid Devon. All the 5 proposals submitted to government, place Torridge and North Devon together in the same Unitary Authority for geographical reasons. It is logical therefore to plan for a combined area involving Torridge and North Devon and exploit areas of common interest.
2. Other than the Parish of Bideford which contains the port of Bideford the Torridge and Taw are the only unregulated rivers in the country. An Exeter based Unitary which is likely to have 300 less councillors than exist in the 451 area at the moment is unlikely to be interested in controlling or managing the ports on the Torridge and Taw rivers so an alternative need to be found. The answer is a Trust Port covering the Torridge and Taw rivers which will include Bideford, Appledore, Fremington, Yelland and Barnstaple. The Trust Port is non-profitmaking, self-governing public body run by directors appointed by the local authorities, local industry and community, empowered by statute to manage the port and waters within the port area which will plough all profits back into the port. At present there are over a 100 trust ports in the country large and small, of whom many are British Ports Association members. Conversations have already taken place with BPA which indicate they could be helpful in this process.
History of the Port of Bideford
3. The Port of Bideford which stretches from the old bridge to short of the new bridge and includes only part of the East of the Water side of the river was established by the Bideford Harbour Act 1925 promoted by the Bideford Borough Council and along with an earlier Act from 1847 regulates the activities of the Port of Bideford. The Bideford Pilotage Revision Order 1988 grants to the Bideford Harbour Authority control of pilotage from Hartland to Baggy Point effectively covering both rivers including the Quay at Yelland. The ancient port of Barnstaple was established in the fifteenth century but legislation for a Barnstaple Harbour Authority created by Act of Parliament is being investigated. Appledore was part of the port of Barnstaple port until 1814 when it was transferred to the port of Bideford. In 1886 due to a decline in shipping Bideford lost its ancient Port status. In 1925 due to increased registrations (33) and increased commercial activity the 1925 Act recreated the Port of Bideford as it is today but did not include Appledore. The port powers and management were passed to Torridge District Council by the Local Government Act 1972.
Creation of Trust Port
4. The vehicle to create a Trust is a Harbour Review Order to extend the Port of Bideford to include the whole of the two rivers including Barnstaple, Appledore, Yelland, Barnstaple and Fremington (the area covered by pilotage performed by the Bideford Harbour Master) The orders are created through the Marine Management Organisation who vet and approve the applications and submit them to the Department of Transport, and pursuant to the Harbours Act 1964 an order is laid before Parliament for approval.
5. The government will need to be lobbied to ratify such an order or to include the creation of Torridge and Taw Trust Port in the primary legislation for reorganisation of local government. This will require the involvement two departments Transport and Local Government. If nothing is done under LGR the port of Bideford will merely be transferred to the new unitary authority as an asset. This exercise will involve the involvement of North Devon and Torridge Councils, as well as the two Members of Parliament who represent both sides of the river. The Trust Port, once created will be operated by local directors nominated by local councils and organisations free of local government control.
6. Due to the introduction of the Maritime Safety Code North Devon Council have considered abandoning its port status as it is estimated to meet the requirements of the code it will require £500,000 to be spent on the quays or alternatively £75,000 to remove ladders and other port furniture. The Council have decided to consult with all river and port users, and to date have made no decision. For those river users who see the retention of port powers for Barnstaple to be important it is necessary to make representations to this consultation. Merely abandoning port status due to ownership of quays and walkways will not avoid liability for health and safety, and risk of litigation for negligence and occupiers’ liability for North Devon Council.
Inclusion of Appledore in a T and T Trust Port
7. Appledore is currently not part of the Bideford Harbour Port but its inclusion is essential for the success of the Trust Port. Most of the commercial and leisure boating activity is contained in the Appledore section of the river. In 1814 the responsibility for Appledore was transferred from Barnstaple Port to Bideford Port but for some reason not included in the 1925 Bideford Harbour Act.
8. No evidence can be found by the writer or local historians, David Carter or Nick Arnold for the oft expressed view that Appledore residents were granted freeport status to moor and use the port, following service in defeating the armada in 1558 by Queen Elizabeth 1. There however is evidence that Henry VIIl granted manorial rights over the shoreline to the owner of the Lord of Manor of Northam. These rights were sold with the manor on a number of occasions including by Sir Walter Raleigh in 1599. It led to problems in 1716 when in an arbitration ended several disputes. In the arbitration document agreed by the then Lord of the Manor Roger Mulhulish, payments were to be to be made to the Lord of Northam manor for landing certain types of goods by residents in bushels. The important section covering local users is:-
‘That no ship or vessel belonging to Bideford, Barnstaple, or Appledore or any place other within the manor or parish shall pay Topage, Keelage, Anchorage, or Mooridge within the said parish either in whole, or if concerned in any part of any ship or vessels whatsoever. But for foreigners and strangers may pay for their ship and vessel and for their parts of such ship or vessel as is customary‘.
9. These Manorial rights only applied to vessels owned or part owned by residents of the 3 communities all others paid their harbour dues of all kinds as a normal port. Lists of harbour dues are contained in a document from the 1860’s which can be found in North Devon archives. There is evidence which became relevant in a court case that owners of the manorial rights could levy fees for mooring and other dues. This was an issue in the case of Yeo and Yeo v. Tatum and Braginton (the Orient) Admiralty June 1871, when the owner of some these manorial rights claimed the right to levy fees in and around Richmond Dock and won the case.
10. In 1770, William Melhuish the owner of the Manor of Northam died without issue. The will granted a lease for 200 years with a reversion to descendants. The manor was sold and leased and eventually assigned to the Northam Urban District Council in 1962 who in turn granted a new lease to the North Devon Golf Club to play golf on the Burrows following a previous lease granted by a Mr Christie in 1895. By 1970 family William Mellhish’s issue had died out and in a High Court application, the Chancery Division appointed trustees who sold the land to Devon County Council. The manorial rights were retained by Northam Urban District Council which were then transferred to Torridge District Council along with the land during Local Government Reorganisation between 1972-74. (yet to be confirmed -source Old Bideford and District -Muriel Goaman 1968) Following the Land Registration Act 2002 section 117 all manorial rights are no longer over riding rights over land not owned by the claimant, if not registered by October 2013 in the Land Registry – 10 years after the Act came into force. It is probable that these manorial rights no longer have any real importance as far as Appledore is concerned as they are not registered.
11. Most of the shoreline in Appledore is probably owned by Torridge District Council except for 2 private beaches, Richmond Dock, the fish dock, Hansons Dock and the Navantia shipyard. If it can be proved that there are special rights for resident boat owners to use the harbour free of charge which is very doubtful, then this can be catered for in the harbour revision order. The present free for all policy has meant that non-residents can moor their boats at no cost and the local council tax payers of Torridge maintain the quays and facilities but receive nothing in return from the users.
Role of Crown Estates
12. It is highly likely that although Torridge DC have not regulated the Appledore port, they have ownership over most of it, including the shoreline, shown particularly by the spending over £200,000 on renovating a slipway close to the Shipyard in the Appledore part of the river, the creation of the Maritime Innovation Centre and the regulation and control of the Burrows.
13. Crown Estates have recently contacted the Harbour Master and Torridge Council, asserting control over mooring boats beyond the median tide line due to their ownership of the riverbed. Parts of the riverbed have been leased to Torridge District Council and North Devon District Council to take action on this issue. Neither have introduced regulation and North Devon have now surrendered their lease. Crown Estates argue that all moorings in the river created by owners of craft are illegal and CE are suggesting this will invalidate insurance policies. This is a policy that the CE are pursuing in Fenland and propose to come to the River Torridge to introduce similar controls.
What will the Trust Port Need to Address
14. Torridge District Council have had a number of proposals put before them over the years to address the decline in the port including the merger of Appledore with Bideford port but have been constrained by a lack of funding from acting. Old Council reports dealing with these issues are being sought from the Torridge District Council to help to facilitate this project.
The problems which the Trust Port will need to address are: –
- Commercial development and job creation in the ports
- Promote and increase the number of ships using the Torridge and Taw port and grow business for the area to decrease the number of lorry journeys carrying merchandise on our roads, in particular animal feed, clay, salt, aggregates and wood imports. There are openings for shipping dealing with construction and maintenance of wind farms and green energy projects presently being considered.
- Registration of boats using rivers and removal of abandoned craft
- Keeping open the river channels by dredging.
- Control of pollution and protection of water quality.
- Regulate and control all moorings including leisure craft working with the Crown Estates and owners of shoreline.
- Regulate areas where jet skis can be used and maintain speed limits on parts of the rivers.
- Bring together the port river users and stakeholders under one umbrella organisation to inform the public of maritime issues.
- Include Appledore creek as part of the regulated port including the Fish Dock, Hansons Quay, Navantia shipyard and Richmond dock whilst if the Law demands protect the free mooring rights of local residents.
- Protect the maritime heritage of Bideford, Appledore, Fremington and Barnstaple.
- Protect the status of Barnstaple as a Port
Conclusions
15. The Town Council need to lead in the interests of the people of Bideford and surrounding areas the creation of a Torridge and Taw Trust Port. This process will take 18 months and needs to be started now by involving all stakeholders to avoid the transfer Bideford/Barnstaple, Appledore, Yelland, Fremington port facilities to a Unitary Council and continuing years of decline. It is therefore recommended that the Council by the following resolution support the creation of the Trust Port.
Resolved
a. To support the establishment of Torridge and Taw Trust Port
b. To lobby local Members of Parliament, Torridge District Council, North Devon District Council, all Town and Parish Councils around the Torridge and Taw Estuary, the Torridge and Taw Maritime Forum, Bideford Regeneration Board, local business, and all leisure users of the estuaries to achieve this end.
c. To notify all the above of the Council’s aim and position and promote the project on social media and in the press.
Proposed by Ken Hind
Seconded by Peter Lawrence (Mayor of Bideford)
Kenneth Hind CBE
Councillor North Ward Bideford Town Council – 23/10/2025
